STATE OF FLORIDA G9 fe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OY-O3¢ VY 2 vs. CASE NO.: 2007-037897 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, os Petitioner, BEN C. WINKLER, d/b/a BWI DESIGN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Board of Architecture and Interior Design against BEN C. WINKLER d/b/a BWI DESIGN, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the practice of architecture and interior design pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 481, Florida Statutes. . 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of interior design and architecture pursuant to Section 455.228(1), and Section 481.223(1)(a), Florida Statutes. | 3, Respondent’s last known address is 1675 NW 4% Avenue, Boca Raton, Florida 33432. 4. At all times material hereto, Respondent was not duly registered or certified to engage in the practice of interior design or architecture in the State of Florida pursuant to Chapter 481, Florida Statutes. 5. Respondent’s business card offers “Interior Architecture & Design”. 6. Respondent is not licensed to practice architecture in the State of Florida and therefore cannot offer to provide architectural services. 7. Respondent is not licensed to practice interior design in the State of Florida and therefore cannot offer or provide interior design services. COUNT I 8. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 9. Section 481.223(1)(c), Florida Statutes, states that a person may not knowingly “use the name or title ‘architect’ or ‘registered architect’ or words to that effect, when the person is not then the holder of a valid license.” 10. Based upon the foregoing, the Respondent has violated Section 481.223(1)(c), Florida Statutes, by using the name or title “architect”, when they were not the holder of a valid license. COUNT II 11. __ Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully set forth herein. 12. Section 481.223(1}(c), Florida Statutes, prohibits a person from using the title interior designer or words to that effect unless the person is a registered interior designer. 13. Based upon the foregoing, the Respondent has violated Section 481.223(1)(c), Florida Statutes, by holding himself out as an interior designer when he was not the holder of a valid license. COUNT IT 14. Petitioner hereby realleges and incorporates paragraphs one (1) through seven (7) as if fully-set forth herein. 15. — Section.481.219(3), Florida Statutes, requires a certificate of authorization to practice interior design services through a corporation, partnership, or under a fictitious name. 16. Based upon the foregoing, Respondents have violated Section 481.219(3), Florida Statutes, by offering interior design services through BWI Design, without a certificate of authorization. WHEREFORE, Petitioner respectfully requests the Board enter an Order imposing an administrative fine not to exceed $5,000 per count, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 481 and 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 7 *S dayof_AJevenbou— , 2007. FILED Department ot Business and Protas Regulation ~~ 2 ek y, Ye DEPUTY © DAVID K. MINACCI MM Suicholt Smith, Thompson, Shaw & Manausa, P.A. CLERK 1 and ° 3520 Thomasville Road, Fourth Floor ‘[-15-2007_ Tallahassee, Florida 32309 DATE , FL Bar No. 0056774 Ph: (850) 402-1570 Fax: (850) 558-1613 PCP:

Docket for Case No: 08-000218